At BSA, the developers, R. Randy Lee and Frank Naso, argued that the site’s 603-foot distance from the nearest sewer connection significantly increased construction costs, and required additional floor area to recoup the cost. The developers estimated sewer construction costs at about $526,000. Additionally, because the lot was adjacent to a cemetery and monument shop, the developers claimed that it would not be possible to sell access rights to the sewer connection to other developers to compensate for its cost.

Three sewer experts testified for the developers, claiming that a 603-foot distance was double the length of usual sewer connections in Staten Island and the project faced compounded delays since the sewer connection required work within Clove Road, needing DOT approval and a DOT-set work timeline. The experts added that most Staten Island projects have lower costs, less stringent time constraints, and fewer utility crossings. The Clove Lake Civic Association opposed, arguing, among other things, that the sewer connection was typical for Staten Island.

After reviewing feasibility studies that analyzed different as-of-right scenarios, BSA approved the variance on condition that the housing would be restricted to seniors.